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Town of Seymour

Request for Proposal and Bid

Municipal Streetlight LED Retrofit, Management and Maintenance Services

March 28, 2016

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The Town of Seymour (Town) invites proposals and bids for the services described herein. The proposer must complete this proposal in its entirety. Only written proposals will be accepted. Acceptance Date: Thursday, April 28, 2016, 5:00 PM Acceptance Place: Office of the First Selectman Town of Seymour 1 First Street Seymour, CT 06483 Submission Format: Sealed envelope marked “Town of Seymour, CT, LED Streetlight Retrofit Proposal

and Bid” Questions concerning the RFP and/or contract documents must be submitted via email on or before Monday, April 11th 2016 at 8:00 AM to: Rory Burke, Assistant to the First Selectman. Answers to questions will be posted to the Town’s website as an addendum by Friday, April 15th at 5:30 PM at http://www.seymourct.org/index.cfm?fuseaction=content.faq&faqTypeID=40015. E-mail: rburke@seymourct.org. The Town will answer all written questions submitted in accordance with the KEY DATES section below by issuing an addendum no later than Friday, April 15th at 5:30 PM which shall be a part of this RFP. Each proposer is responsible for checking the Town website to determine if the Town has issued an addendum and, if so, to complete its proposal in accordance with the RFP as modified by the addendum. No oral statement, including oral statements by any Town representative, shall be effective to waive, change or otherwise modify any of the provisions of this RFP, and no proposer shall rely on any alleged oral statement. ADDITIONAL INFORMATION The Town reserves the right, either before or after the opening of proposals, to ask any proposer to clarify its proposal or to submit additional information that Town in its sole discretion deems desirable. It is the responsibility of the Proposer to update and identify any changes to the Proposers’ qualifications or legal status which may have occurred since qualification by CCM RFQ # 52014. RIGHT TO AMEND OR TERMINATE THE RFP The Town may, before or after proposal opening and in its sole discretion, clarify, modify, amend or terminate this RFP if it determines it is in the best interest of the Town. Any such action shall be effected by posting a notice on the Towns website, www.seymourct.org, under "Bids & Proposals". It is the sole responsibility of the bidder to verify whether a notice of addendum has been issued. KEY DATES RFP Issued: March 28, 2016 (posted to Town website)

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Deadline for submission of written questions via email to rburke@Seymour-ct.org: April 13, 2016 5:30 PM Responses to submitted questions posted to Town website on/before: April 15, 2016 5:30 PM Proposal Submission deadline: April 26, 2016 5:00 PM Respondents may be required to interview with the Board of Selectmen Any proposals received after the above-specified date will not be accepted. PROPOSAL SUBMISSION INSTRUCTIONS Proposals must be received in the Office of the First Selectman prior to the date and time listed. Postmarks prior to the opening date and time do not satisfy this condition. The Town will not accept submissions by electronic mail or fax. Proposers are solely responsible for ensuring timely delivery. The Town will not accept late proposals, corrections and/or modifications. One (1) original and two (2) copies, plus one (1) electronic version must be submitted in a sealed, opaque envelope or package clearly labeled with the proposer's name, the proposer's address, the words "PROPOSAL DOCUMENTS," and “Municipal Streetlight Retrofit, Maintenance & Management.” Any voluminous attachments, e.g., annual financial statements covering the previous two years, may be included in the electronic version only. Proposals may be withdrawn personally or in writing provided that the Town receives the withdrawal prior to the time and date fixed for submission. Proposals are considered valid, and may not be withdrawn, cancelled or modified, for sixty (60) days after the opening date, to give the Town sufficient time to review the proposals and bids. An authorized person representing the legal entity of the proposer must sign the proposal. The Town seeks Statements of Proposals from the three firms selected by the Connecticut Conference of Municipalities, RFQ #52014, for Streetlight LED Retrofit, Management & Maintenance Services. The prequalified firms are: ESCO Energy Services, Inc. 309 Pittsfield Road Lenox, MA 01240 RealTerm Energy 201 West Street Annapolis, MD 21401 Tanko Lighting 1000 Quesada Avenue San Francisco, CA 94124 COSTS FOR PREPARING PROPOSAL

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Each proposer's costs incurred in developing its proposal are its sole responsibility, and the Town shall have no liability for same. OWNERSHIP OF PROPOSALS All proposals submitted become the Town's property and will not be returned to proposers. REQUIRED DISCLOSURES In its proposal each proposer must disclose, if applicable:

• Its inability or unwillingness to meet any requirement of this RFP. • If it is listed on the State of Connecticut's Debarment List. • If it is ineligible, pursuant to Conn. Gen. Stat. § 31-57b, to be awarded a contract because of

occupational safety and health law violations. • All resolved and pending arbitrations and litigation matters in which the proposer or any of its

principals (regardless of their place of employment) have been involved within the last ten (I0) years.

• All criminal proceedings in which the proposer or any of its principals (regardless of their Place of employment) has ever been the subject.

• Each instance in which it or any of its principals (regardless of their place of employment) have ever been found to have violated any state or local ethics standard or to have committed any other offense arising out of the submission of proposals or bids, or the performance of work on public works projects or contracts. A proposer's acceptability based on these disclosures lies solely in Town's discretion.

LEGAL STATUS If a proposer is a corporation, limited liability company or other business entity that is required to register with the Connecticut Secretary of the State's Office, it must have a current registration to do business in the State of Connecticut that is on file with that office. The Town may, in its sole discretion, request acceptable evidence of any proposer's legal status. PRESUMPTION OF PROPOSER'S FULL KNOWLEDGE Each proposer is responsible for having read and understood each document in this RFP and any addenda issued by the Town. A proposer's failure to have reviewed all information that is part of or applicable to this RFP shall in no way relieve it from any aspect of its proposal or the obligations related thereto. Each proposer is deemed to be familiar with and is required to comply with all federal, state and local laws, ordinances and regulations that in any manner relate to the RFP or the performance of the work described therein. By submitting a proposal, each proposer represents that it has thoroughly examined and become familiar with the scope of work outlined in the RFP, and it is capable of performing the work to achieve the Town's objectives. TAX EXEMPTIONS The Town is exempt from the payment of federal excise taxes and Connecticut sales and use taxes.

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AWARD CRITERIA; SELECTION; CONTRACT EXECUTION The Town may correct, after proposer verification, any mistake in a proposal that is a clerical error. The Town reserves the right to accept the proposal that, all things considered, is in the Town's best interests. Due consideration will be given to a proposer's experience, references, service, ability to respond promptly to requests, past performance, contract bid, management plan and the cost of maintenance services and other criteria relevant to the Town's interests, including compliance with the procedural requirements stated in this RFP. The Town reserves the rights to: accept all or any part of a proposal; reject all proposals; waive any informalities or non-material deficiencies in a proposal; and award the proposal to the proposer that, in its judgment, will be in the Town's best interests. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY Each proposer must submit a completed Certification of Affirmative Action Program form included with this RFP. Proposers with fewer than ten (I0) employees should indicate that fact on the Certification form and return the form with their proposal. NONRESIDENT REAL PROPERTY CONTRACTORS If the successful proposer is a "nonresident contractor" as defined in Conn. Gen. Stat. § 12430(7)(A) as amended, it shall comply fully with the provisions of§ 12-430(7) and, prior to execution of any contract for the services described in the RFP, shall furnish the municipality with a copy of the requisite certificate of compliance set forth in § 12-430(7)(E). Each successful proposer agrees to defend, indemnify, and hold harmless the Town, and its employees, officers, officials, agents, volunteers and independent contractors, including any of the foregoing sued as individuals (collectively, the "Town Indemnified Parties"), from any and all taxes, interest and penalties that the State of Connecticut asserts are due with respect to the successful proposer's activities under any such contract. Each successful proposer shall also be required to pay any and all attorney's fees incurred by The Town Indemnified Parties in enforcing any of the successful proposer's obligations under this section, whether or not a lawsuit is commenced, which obligations shall survive the termination or expiration of any contract for the services described in the RFP. COMPLIANCE WITH IMMIGRATION LAWS By submitting a proposal, each proposer confirms that it has complied, and during the term of any contract will comply, with the Immigration Reform and Control Act ("IRCA") and that each person it provides under any such contract will at all times be authorized for employment in the United States of America. Each proposer confirms that it has a properly completed Employment Eligibility Verification, Form I-9 for each person who will be assigned under any such contract and that it will require each subcontractor, if any, to confirm that it has a properly completed Form I-9 for each person who will be assigned. A successful proposer shall defend, indemnify, and hold harmless the Town, its employees, officers, officials, agents, volunteers and independent contractors, including any

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of the foregoing sued as individuals (collectively, the "Town Indemnified Parties"), against any and all proceedings, suits, actions, claims, damages, injuries, awards, judgments, losses or expenses, including fines, penalties, punitive damages, attorney's fees and costs, brought or assessed against, or incurred by, Town Indemnified Parties related to or arising from CCM RFQ 52014 pg. 7 the obligations under IRCA imposed upon the successful proposer or its subcontractor. The successful proposer shall also be required to pay any and all attorney's fees and costs incurred by Town Indemnified Parties in enforcing any successful proposer's obligations under this provision, whether or not a lawsuit is commenced, which obligations shall survive the termination or expiration of any contract. NON-COLLUSION AFFIDAVIT Each proposer shall submit a completed Non Collusion Affidavit that is part of this RFP. DEFENSE, HOLD HARMLESS AND INDEMNIFICATION The successful proposer must agree, to the fullest extent permitted by law, to defend, indemnify, and hold harmless the municipality that is a party to any contract with the proposer, its and their employees, officers, officials, agents, volunteers and independent contractors, including any of the foregoing sued as individuals (collectively, the "Municipal Indemnified Parties"), from and against all proceedings, suits, actions, claims, damages, injuries, awards, judgments, losses or expenses, including attorney's fees, arising out of or relating, directly or indirectly, to the successful proposer's malfeasance, misconduct, negligence or failure to meet its obligations under the RFP or contract with the municipality. The successful proposer's obligations under this section shall not be limited in any way by any limitation on the amount or type of the successful proposer's insurance. In any and all claims against Municipal Indemnified Parties made or brought by any employee of the successful proposer, or anyone directly or indirectly employed or contracted with by the successful proposer, or anyone for whose acts or omissions the successful proposer is or may be liable, the successful proposer's obligations under this section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by the successful proposer under workers' compensation acts, disability benefit acts, or other employee benefits acts. The successful proposer shall also be required to pay any and all attorney's fees incurred by Town Indemnified Parties in enforcing any of the successful proposer's obligations under this section, which obligations shall survive the termination or expiration of this RFP and the contract. The Town will not defend, indemnify, or hold harmless any successful proposer. MAINTENANCE AND AV AILABILITY OF RECORDS The successful proposer shall maintain all records related to the work described in the RFP for a period of five (5) years after final payment or until all pending local, state and federal audits are completed, whichever is later. Such records shall be available for examination and audit by the municipality, state and federal representatives during that time. SUBCONTRACTING The Town prefers the local economy to benefit from this project. The proposal shall explain the Firm's

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plans to solicit bids from Seymour area qualified subcontractors contractors. Prior to entering into any subcontract agreement(s) for the work described in the contract, the successful proposer shall provide the municipality with written notice of the identity (the Subcontractor's full legal name, street address, mailing address (if different from street address), and telephone number) of each proposed subcontractor. The municipality shall have the right to object to any proposed subcontractor by providing the successful proposer with written notice thereof within seven (7) business days of receipt of all required information about the proposed subcontractor. If the municipality objects to a proposed subcontractor, the successful proposer shall not use that subcontractor for any portion of the work described in the contract. All permitted subcontracting shall be subject to the same terms and conditions as are applicable to the successful proposer. The successful proposer shall remain fully and solely liable and responsible to the municipality for performance of the work described in the contract. The successful proposer also agrees to promptly pay each of its subcontractors within thirty (30) days of receipt of payment from the municipality or otherwise in accordance with law. The successful proposer shall assure compliance with all requirements of the contract. The successful proposer shall also be fully and solely responsible to the municipality for the acts and omissions of its subcontractors and of persons, whether directly or indirectly employed by the subcontractor(s), as the successful proposer is for the acts or omissions of the persons it employs directly. PREVAILING WAGES Wages paid on an hourly basis to any person performing the work of any mechanic, laborer or worker under the contract and the amount of payment or contribution paid or payable on behalf of each such person to any employee welfare fund, as defined in Conn. Gen. Stat. §31-53, as amended, shall be at a rate equal to the rate customary or prevailing for the same work in the same trade or occupation in the municipality. A successful proposer who is not obligated by agreement to make payment or contribution on behalf of such persons to any such employee welfare fund shall pay to each mechanic, laborer or worker as part of such person's wages the amount of payment or contribution for such person's classification on each pay day. WORKERS COMPENSATION Prior to contract execution, the municipality will require the tentative successful proposer to provide a current statement from the State Treasurer that, to the best of her knowledge and belief, as of the date of the statement, the tentative successful proposer was not liable to the State for any workers' compensation payments made pursuant to Conn. Gen. Stat. §31-355. SAFETY The successful proposer and each of its permitted subcontractors shall furnish proof that each employee performing the work of a mechanic, laborer or worker under the contract has completed a course of at least ten (I0) hours in construction safety and health approved by the federal Occupational Safety and Health Administration. Such proof shall be provided with the certified payroll submitted for the first week each such employee, mechanic, laborer, or worker begins work under the contract.

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COMPLIANCE WITH LAWS The successful proposer shall comply with all applicable laws, regulations, ordinances, codes and orders of the United States, the State of Connecticut and the municipality related to its proposal and the performance of the work described in the contract. LICENSES AND PERMITS The successful proposer certifies that, throughout the contract term, it shall have and provide proof of all approvals, permits and licenses required by the municipality and/or any state or federal authority. The successful proposer shall immediately and in writing notify the municipality of the loss or suspension of any such approval, permit or license. CONNECTICUT LAW AND COURTS All contracts shall be governed by and construed in accordance with the internal laws (as opposed to the conflicts of law provisions) of the State of Connecticut, and the parties irrevocably submit in any suit, action or proceeding arising out of the contracts to the jurisdiction of the United States District Court for the District of Connecticut and the jurisdiction of any court of the State of Connecticut. NON-EMPLOYMENT RELATIONSHIP The municipality and the successful vendor are independent parties. Nothing contained in the contract shall create, or be construed or deemed as creating, the relationships of principal and agent, partnership, joint venture, employer and employee, and/or any relationship other than that of independent parties contracting with each other solely for the purpose of carrying out the terms and conditions of the contract. The successful proposer understands and agrees that it is not entitled to employee benefits, including but not limited to worker's compensation and employment insurance coverage, and disability. The successful proposer shall be solely responsible for any applicable taxes. SECTION 1: DEFINITIONS A. "Addendum means written documents issued by the Town modifying this RFP by addition, deletion, clarification or corrections. B. "Change Order" means a written instrument signed by the Owner and Contractor stating their agreement upon all of the following: (1) change in the work, (2) the amount of the adjustment, if any, in the Contract Sum, (3) The extent of the adjustment, if any, in the contract time. C. "Contract" means the RFP documents and the bid form. The contract represents the entire and integrated executed agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The contract may be amended or modified only by a Modification. The contract shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Town and the contractor.

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D. "Contractor" means the Proposer, Firm, Vendor who is selected by the Town to provide the services specified in the RFP. E. "Documents" consist of this Agreement between Owner and Contractor; other documents listed in this Agreement and Modifications issued after execution of this agreement. A Modification is (1) a written amendment to the contract signed by both parties, (2) a Change Order, or (3) a Change Directive. F. "Owner" means the Town of Seymour, Connecticut G. "Proposal" means a submission by a prequalified contractor listed in the RFP to provide the services listed in the Contract Documents. H. "Proposal Documents" means the Request for Proposals (RFP), all schedules. Exhibits, modifications and addendum. I. "Proposal Price" means the price (bid) at which the contractor offers to perform the work described in the RFP. J. "Submittals" a submittal is any submission to the Owner for review and approval demonstrating how the contractor proposes to conform to the contract documents for the portions of the work for which the contract requires submittals. These include but are not limited to shop drawings, product data, and samples. K. "Town" means the Town of Seymour, Connecticut also known as the Municipality SECTION 2: LABOR AND MATERIALS Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, storage areas, material security and other facilities and services, necessary for proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. SECTION 3: CLEAN UP The contractor shall keep the premises and surrounding work areas free from accumulation of waste materials or rubbish caused by operations under the Contract on a daily basis. It shall be the Contractors responsibility to dispose of all streetlights and waste material in accordance with all Federal, State and local regulations. SECTION 4: OWNERS RESPONSIBILITIES The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all Project matters requiring the Owner's approval.

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SECTION 5: PROGRESS REPORTS The Contractor shall keep the Owner informed of the progress and quality of the Work. On a biweekly basis, the Contractor shall submit electronic progress reports to the Owner, showing estimated percentages of completion and other information identified below:

1. Work completed for the period 2. Project schedule status 3. Submittal schedule and status 4. Approved Change Orders and Change Directives 5. Pending Change Orders 6. Test and inspection reports

SECTION 6: PAYMENT APPLICATIONS AND PROJECT COMPLETION After execution of the contract, the contractor shall submit to the owner a schedule of values allocating the entire contract sum, excluding the maintenance agreement, to the various portions of the work. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractors applications for Payment and to establish a baseline for rebates and incentive payments. The Contractor shall submit a plan for the financing of this project to include the use of rebates, incentives. SECTION 7: CLAIMS, DISPUTES OR OTHER MATTERS Claims disputes or other matters in controversy arising from or related to the Contract, except those expressly waived, shall be subject to mediation as a condition precedent to binding dispute resolution. The parties shall endeavor to resolve their claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. SECTION 8: SCOPE OF WORK GENERAL The Town of Seymour is interested in contracting with a services firm that will conduct and coordinate all tasks related to the study, design, purchase, installation, and administration of the conversion of Town-owned streetlights to LED lighting. Maintenance of the system is part of the submittal. The Town currently owns and operates approximately 1,131 streetlights which are predominantly vapor and high pressure sodium lighting fixtures. The work shall comply with the requirements of all of the following without limitations, and shall apply to this RFP and any subsequent contract as though incorporated herein by reference:

1. Federal laws.

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2. State laws. 3. Local laws. 4. Rules and regulations of governing utility districts. 5. Rules and regulations of other authorities with jurisdiction over the procurement of products.

The firm shall comply with all insurance requirements of the Town of Seymour, and any additional insurance requirements of the State of Connecticut, as necessary. SERVICES TO BE PROVIDED The firm selected shall provide a turnkey project for the conversion of approximately 1,131 Mercury Vapor, High Pressure Sodium and Metal Halide streetlights to Light-Emitting Diode while achieving the primary goals below:

• Maximize reduction in energy consumption, • Maximize available rebates and incentives from Eversource and other entities • Optimize lighting for roadway and pedestrian safety • Improvements and updates to the Town infrastructure • Utilize Seymour-based contractors to the maximum extent.

LED REPLACEMENT, PROJECT SAVINGS & PROJECT COSTS The Town is investing in the LED conversion project to attain superior lighting quality while achieving long-term reductions in energy consumption, energy costs and maintenance costs. Proposals submitted shall calculate and describe how the investment is cost-effective over the life of the converted LED streetlights. Proposals shall include estimated per fixture costs for materials and installation in addition to total Firm fees for each project phase. For the purpose of comparing proposals and Firm's ability to undertake the conversion project, the Town has specified that all submitted proposals must include a proposal for the use of GE ERL LED (or comparable) streetlight products. Proposing Firms shall provide a cut sheet and warranty information for any product being proposed including the photocell. Proposing Firms shall provide a Project Savings & Cost Summary and specify the following information for the conversion project:

1. Recommended Operating Current 2. Recommended Correlated Color Temperature 3. Initial Lumen Maintenance Factor 4. I00K Lumen Maintenance Factor 5. 70% life (L 70) 6. Energy Consumption Savings (kWh/year) 7. CO2 Emission Savings (lbs./year)

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8. Energy Cost Savings ($/year) 9. Estimated Materials Unit Cost 10. Estimated Installation Unit Cost 11. Total Project Cost 12. Simple Payback based on Estimated Savings and Costs 13. Estimated Firm Phase 1 Cost 14. Estimated Firm Phase 2 Cost

At the option of the proposing Firm, an alternate LED manufacturer may be presented. Alternate fixtures shall meet existing lighting levels and provide the Town with optimized savings on both energy and long-term maintenance costs. Alternate manufacturer fixtures may be suggested. Alternate fixtures shall be IESNA LM-79 and LM-80 tested and DLC tested and DLC listed. If an alternate manufacturer is listed, the proposing Firm shall fully provide Alternate Project Savings & Cost Summary and specify the following information for the conversion project. See 1-14 above. The selected Firm shall be responsible for presenting final manufacturer and fixture recommendations as a part of the Scope of Work. BID SHEET The Firm shall provide a breakdown of Full Turnkey Scope Cost analysis in a format similar to Appendix A for ease of comparison by the Town. ADDITIONAL FUNDING OPTIONS The Town of Seymour aims to complete the Town-wide conversion of streetlights to LED lighting. The proposal shall include a list of funding options which the Firm has had experience securing and managing including but not limited to owner capital, tax exempt municipal leasing, general obligation bonding. The Town will favor financing options that meet or approach a positive cash flow. LOCAL CONTRACTOR PREFERENCE The Town of Seymour aims to utilize local subcontractors or workers to the maximum extent feasible. The proposal shall explain the Firm's plan to solicit bids from qualified local subcontractors for project construction. Preference should be given to Seymour-based contractors where feasible. Specifically, the firm selected will be required to complete the following tasks: PHASE 1: PROJECT DEVELOPMENT Conduct thorough/detailed investigation of Eversource billing records, & maps to establish eligible street lights for replacement.

1. Conduct on-site physical inspection of targeted lights for final verification of location, wattage, fixture type, pole type, physical attributes and establish billing record accuracy. This shall be a

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GIS audit defining the GPS location of each fixture. GIS format to be compatible with Seymour' systems.

2. Reconcile Town records with Eversource records to confirm ownership of targeted replacements and eligibility for rebates and lower cost tariff.

3. Develop and submit required paperwork to reconcile street light billing record and confirm rebate eligibility.

4. Conduct photometric analysis to recommend appropriate LED streetlight replacements, which can meet existing lighting levels and provide the Town with optimized savings on both energy and long-term maintenance costs.

5. Perform detailed analysis which demonstrates energy consumption and fixture longevity for fixture operation options such as correlated color temperature and operating current. Analysis will include field testing of fixture options.

6. Prepare detailed pricing estimate(s) and financing options representing all project options under consideration.

7. Develop energy (kWh), Greenhouse Gas (GHG) and energy cost savings models to ensure results and cost-effectiveness of project options. Savings projections must be guaranteed during the course of project payback.

8. Discuss & confirm recommendations with Town to finalize project details and render Scope of Work.

9. Participate in the development of community outreach and notification plan to ensure project awareness and minimize resident inconvenience, which shall include a preconstruction public informational session, community walk through and creation of press releases.

10. Provide work breakdown structure, schedule of values and time bar schedule.

11. Assist Town in negotiations with Eversource for purchase of streetlights. Purchase of lights must be complete by August 4, 2016.

12. Proposals must include separate option for the cost for concurrent installation of smart control-ready adapters. Costs must be provided on a per-fixture basis as well as for Town-wide. Proposals must list this option as Alternate #1

13. Proposals must include a separate option for the cost for concurrent retrofit of all pole-mounted lights in municipal parks and municipally-owned buildings. Proposals must list this option as Alternate #2.

PHASE 2: PROJECT IMPLEMENTATION

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1. Furnish and install light fixtures as authorized by the Town.

2. Distribute qualification requirements to Seymour area subcontractors which are interested in

performing the work. Selected subcontractors will be contracted by the Firm, not the Town.

3. Issue Scope of Work to qualified subcontractors to include not fewer than 2 crews at all times with backup crews on standby.

4. Receive all bid packages and prepare summary of responses for Town review.

5. Determine subcontractor selection.

6. Conduct final review of all energy savings and construction cost estimates with Eversource to ensure accuracy and compliance.

7. Develop prioritized traffic control plan in coordination with the installer that minimized disruption to normal traffic flows. Plan to be created in conjunction with Seymour Police Department and approved by the Town. Cost of traffic control to be paid by the Contractor.

8. Meet with selected subcontractor to review installation, work safety, public safety and waste material handling procedures/requirements.

9. Schedule and conduct Kick-Off meeting with Town and installation contractor.

10. Manage delivery and staging of material to site including any secured storage considerations.

11. Prepare and manage appropriate waste disposal facility and facilitate proper disposal of waste material weekly.

12. During installation, ensure that all fixtures and poles have Eversource labeling and tagging; install or replace all labels and/or stickers as required.

PHASE 3: PROJECT CLOSEOUT AND DELIVERABLES

1. Provide Owner with all warranties and manuals.

2. Installed streetlights must undergo photometric confirmation to ensure they match design and will have been in operation system wide for a minimum of thirty (30) days prior to Town acceptance.

3. Provide Owner with copies of all tests, inspections, permits and approvals as required by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. The Contractor shall make arrangements for such tests, inspections and approvals, at its own cost, with an independent testing laboratory or entity acceptable to the Owner or

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with the appropriate Public Authority or Utility.

4. The Contractor shall provide a copy, or representation, acceptable to the Owner, of the Computer Based Maintenance Management System (CMMS) which will be used to record, track, and report on all maintenance performed on the Town's streetlights.

5. The contractor shall operate and maintain a 24/7 365-day telephone response center using, a local or toll free number, to receive and log calls from citizens, local business and Town officials reporting streetlight outages or damage. The contractor shall include a record of all calls received in its CMMS.

6. Following Town acceptance, produce final project reporting for Town per Eversource requirements.

7. Prepare and submit all documentation required to receive reimbursement of funds from Eversource on behalf of the Town.

8. Provide administrative effort required to process and receive all available rebates from Eversource.

9. Provide administrative effort required to process tariff change and amend billing records with Eversource.

10. Provide "as built" record of all newly installed LED street lights in the form of electronic GIS format ARCMAP 10.2.2 records including all wattages, badge numbers, locations and other associated attributes and ensure integration with Town system.

PHASE 4: SYSTEM MAINTENANCE

1. The maintenance Contractor shall utilize a computer-based maintenance management system as described in the CCM RFQ #52014.

2. The Contractor will provide an estimate of annual cost of maintenance for the first year following completion of the system. The Contractor shall submit a detailed proposal of how ongoing maintenance costs will be handled for both routine and emergency maintenance. Initial response times to be guaranteed as 2 hours for emergencies and 7 days for regular outages.

3. The Contractor shall provide how future annual costs for maintenance, which will include routine maintenance, are to be estimated on a per fixture monthly basis. And the Contractor shall provide future hourly rates for costs associated with emergency repairs. Maintenance contract to include:

• 10 years of coverage. • Annual reporting that provides number of calls, expenditure by call and price per

fixture costs.

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• Coordination of work with utilities.

4. Minimum Warranty Requirements: • One (1) Year Labor Warranty- any failures replaced at no cost to the Town • Ten (10) Year Hardware Warranty for fixtures

5. Protection Crew Costs:

The Town will not be responsible for the cost of protection crews to the extent they are needed. If the contractor determines that a police detail is required, the contractor must notify the Town. The procedure for securing police detail assistance involves notifying and securing the approval of the Town, followed by the direct scheduling of such assistance by the contractor. In event of a scheduling change for any reason, the contractor will be responsible for cancellation of any police detail. The contractor will pay for any details that it fails to cancel in a timely fashion

BONDING NOTE: THE REQUEST FOR PROPOSALS PROVIDES THAT THE REQUIREMENT FOR A PERFORMANCE BOND IS AT THE OPTION OF THE TOWN, AND THE TOWN MAY SELECT AN ALTERNATE FORM OF SECURITY. IF THE TOWN ELECTS AN ALTERNATE FORM OF SECURITY, THE PARTIES SHALL AGREE ON A FORM OF AGREEMENT TO DESCRIBE HOW SUCH ALTERNATE SECURITY SHALL SECURE THE CONTRACTOR'S OBLIGATIONS. The Contractor shall, to insure the faithful performance by the Contractor of the terms of the Contract, furnish to the Town a Performance Surety Bond in the amount of the Contract. The required bond shall be issued by a reputable bonding company authorized to do such business in the State of Connecticut and acceptable to the Town. Said bond shall be in the in the form satisfactory to and approved by the Town Attorney of Seymour and the Town. And the bonding company must appear on the Federal Dept. of Treasury's list of approved sureties and must act only within the underwriting limitation listed therein, and must have a Best's Rating A or A-. (Excellent) or better as published by the A.M. Best Company. The performance bond shall be delivered to the Town upon execution of the Contract. This bond shall include the appeal requirements of the Contract. It is understood and agreed that upon completion of the project and approval by the Town of the completion of the project, that the performance bond shall be reduced to 10% of the value of the contract. The reduced amount of the bond shall remain effective until the labor warranty has expired. INSURANCE Contractor shall, at its own expense, provide and keep in force during the duration of the contract the following insurance: Liability Insurance shall include all major divisions of coverage and be on a comprehensive basis

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including:

1. Premises Operations, including X, C and U coverages as applicable. 2. Independent Contractor' Protective. 3. Products and Completed Operations. 4. Personal Injury Liability with Employment Exclusion deleted. 5. Contractual. 6. Owned, non-owned and hired motor vehicles. 7. Broad Form Property Damage including Completed Operations.

Workers' Compensation: Statutory State: Same as State Workers' Compensation Voluntary Compensation

(by any exempt entities) Employer's Liability $1,000,000 Each Accident $1,000,000 Disease, Policy Limit

$1,000,000 Disease, Each Employee

General Liability (Including Premises-Operations; Independent Contractors' Protective; Products and Completed Operations; Broad Form Property Damage):

(a) Bodily Injury:

$1,000,000 Each Occurrence $3,000,000 Aggregate

(b) Property Damage:

$1,000,000 Each Occurrence $3,000,000 Aggregate

(c) Property Damage Liability Insurance shall include coverage for Explosion, Collapse & Underground (d) Contractual Liability (Hold Harmless Coverage) or included in Commercial General Liability Coverage: 1. Bodily Injury:

$1,000,000 Each Occurrence

2. Property Damage: $1,000,000 Each Occurrence $3,000,000 Aggregate

(e) Personal Injury, (with Employment Exclusion deleted if applicable):

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1. $1,000,000 Aggregate (f) If General Liability policy includes a General Aggregate, such General Aggregate shall not be less than $3,000,000. Policy shall be endorsed to have General Aggregate apply to this Project only.

Umbrella Excess Liability or $5,000,000 excess which would not require a retention.

1. $5,000,000 Over Primary Insurance 2. $10,000 Retention

Comprehensive Automobile Liability (owned, non-owned, hired):

1. Bodily Injury: $1,000,000 combined single limit. Fire and Special Extended Coverage in Builder's Risk policy in the amount of 100% of insurable completed value. The Contractor shall purchase and maintain a separate Owner's Protective Liability policy, issued to Owner at the expense of Contractor, including Owner and Engineer as named insured. This insurance shall provide coverage for not less than the following amounts:

1. Bodily Injury $1,000,000 Each Occurrence $1,000,000 Annual Aggregate

2. Property Damage including Explosion Collapse and Underground coverage.

$1,000,000 Each Occurrence $1,000,000 Annual Aggregate

The Town of Seymour (Owner) shall be named as additional insured on the above coverages; General liability, Automotive Liability and Umbrella. A waver of subrogation shall apply to the General Liability, Automobile Liability and Workers Compensation. If subcontractors are employed, same limits as named above shall apply and the certificate of insurance must be filed with the Owner. EXCEPTIONS, DISCLOSURES, AFFIDAVITS, SIGNATURE EXCEPTIONS PROPOSER'S FULL LEGAL NAME: _____________ _ Pursuant to and in full compliance with the RFP, the undersigned proposer, having thoroughly examined each and every document comprising the RFP, including any addenda, hereby offers and agrees as follows: This proposal does not take exception to any requirement of the RFP, including but not limited to the Proposed Contract Terms. OR Exceptions to the RFP (list all exceptions on separate sheet marked with the RFP Number and "Exceptions") REQUIRED DISCLOSURES

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STATE DISBARMENT LISTS Is the proposer on the State of Connecticut's Debarment List?

_____ Yes _____ No

OCCUPATIONAL SAFETY AND HEALTH LAW VIOLATIONS Has the proposer or any firm, corporation, partnership or association in which it has an interest (1) been cited for three or more willful or serious violations of any occupational safety and health act or of any standard, order or regulation promulgated pursuant to such act, during the three-year period preceding the proposal (provided such violations were cited in accordance with the provisions of any state occupational safety and health act or the Occupational Safety and Health Act of 1970, and not abated within the time fixed by the citation and such citation has not been set aside following appeal to the appropriate agency or court having jurisdiction) or (2) received one or more criminal convictions related to the injury or death of any employee in the three-year period preceding the proposal?

_____ Yes _____ No If "yes," please attach a sheet fully describing each such matter. DISPUTES

Has either the proposer or any of its principals (regardless of their place of employment) been involved for the most recent ten (10) years in any resolved or pending arbitration or litigation?

_____ Yes _____ No If "yes," please attach a sheet fully describing each such matter.

CIVIL/CRIMINAL FINDINGS Has the proposer or any of its principals (regardless of their place of employment) ever been the subject of any criminal proceedings?

_____ Yes _____ No If "yes," please attach a sheet fully describing each such matter.

ETHICS Has either the proposer or any of its principals (regardless of their place of employment) ever been found to have violated any state or local ethics standard or to have committed any other offense arising out of the submission of proposals or proposals, or performance of work on public works projects or contracts?

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_____ Yes _____ No If "yes," please attach a sheet fully describing each such matter.

PROPOSER'S LEGAL STATUS DISCLOSURE Please fully complete the applicable section below, attaching a separate sheet if you need additional space. For purposes of this disclosure, "pe1manent place of business" means an office continuously maintained, occupied and used by the proposer's regular employees regularly in attendance to carry on the proposer's business in the proposer's own name. An office maintained, occupied and used by a proposer only for the duration of a contract will not be considered a permanent place of business. An office maintained, occupied and used by a person affiliated with a proposer will not be considered a permanent place of business of the proposer. IF A SOLELY OWNED BUSINESS Proposer's Full Legal Name: Street Address: Mailing Address (if different from Street Address): Owner's Full Legal Name: Number of years engaged in business under sole proprietor or trade name: Does the proposer have a "permanent place of business" in Connecticut, as defined above?

_____ Yes _____ No If yes, please state the full street address (not a post office box) of that "permanent place of business" __________________________________________________________________

IF A CORPORATION Proposer's Full Legal Name: Street Address: Mailing Address (if different from Street Address): Owner's Full Legal Name: Number of years engaged in business under sole proprietor or trade name: Names of Current Officers ___________________________________________________________________________________

President Secretary Chief Financial Officer Does the proposer have a "permanent place of business" in Connecticut, as defined above?

_____ Yes _____ No If yes, please state the full street address (not a post office box) of that "permanent place of business" __________________________________________________________________

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IF A LIMITED LIABILITY COMPANY Proposer's Full Legal Name: Street Address: Mailing Address (if different from Street Address): Owner's Full Legal Name: Number of years engaged in business under sole proprietor or trade name: Names of Current Manager(s) and Members _________________________________________________________________________________ Name & Title (if any) Residential Address (street only) _________________________________________________________________________________ Name & Title (if any) Residential Address (street only) _________________________________________________________________________________ Name & Title (if any) Residential Address (street only) _________________________________________________________________________________ Name & Title (if any) Residential Address (street only) Does the proposer have a "permanent place of business" in Connecticut, as defined above?

_____ Yes _____ No If yes, please state the full street address (not a post office box) of that "permanent place of business" __________________________________________________________________

IF A PARTNERSHIP Proposer's Full Legal Name: Street Address: Mailing Address (if different from Street Address): Owner's Full Legal Name: Number of years engaged in business under sole proprietor or trade name: Names of Current Partners: _________________________________________________________________________________ Name & Title (if any) Residential Address (street only) _________________________________________________________________________________ Name & Title (if any) Residential Address (street only) _________________________________________________________________________________ Name & Title (if any) Residential Address (street only) _________________________________________________________________________________ Name & Title (if any) Residential Address (street only) Does the proposer have a "permanent place of business" in Connecticut, as defined above?

_____ Yes

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_____ No If yes, please state the full street address (not a post office box) of that "permanent place of business" __________________________________________________________________

Proposer's Full Legal Name: (print): ___________________________________________________ Name and Title of Proposer's Authorized Representative (print): ____________________________ Proposer's Representative, Duly Authorized (signature): __________________________________ Date: ___________________________

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NON-COLLUSION AFFIDAVIT AFFIDAVIT STATE OF :ss COUNTY OF __________________ , being duly sworn according to the law, deposes and says: I. That he/she is ___________________ (a partner/officer) I. That he/she is ______________ (a partner/officer) of ______________________________________, the party making the foregoing proposal, that such proposal is genuine and not collusive or sham; that said consultant has not colluded, conspired, connived, or agreed, directly or indirectly, with any consultant or person, to put in a sham proposal or to refrain from submitting a proposal, and has not, in any manner directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the price of this or any other proposal, or to secure any advantage against the Town of Seymour or any person interested in the RFP and/or potential contracts; and that all statements in said proposal are true. Firm Name: __________________________________________ By: _________________________________________________ Title: ________________________________________________ SIGNING PROPOSALS All proposals must be signed by an officer of the company duly authorized to bind the company to the proposal submitted. Responses to all sections of this proposal must be completed where appropriate and included in the sealed package submitted to the Town. Failure to properly sign the proposal and include all required information may result in the rejection of the proposal. The information in this proposal is true and correct, and the officer signing below is duly authorized to bind this firm to such proposal. The Firm hereby affirms that its proposal will remain valid for a period of 60 days from date of submission. Signed this day of, __________________ 2016. By: ______________________________________________ Name of Officer: ___________________________________ Title of Officer: ____________________________________ Address: _________________________________________

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APPENDIX A

Bid Form

Phase 1 Audit/Inspection/Mapping Lump Sum Price in Figures: $________________________________________________ Lump Sum Price in Words: __________________________________________________ Phase 2 & 3 Project Implementation Streetlight (Fixture) Unit Price in Figures: $ ____________________________________ Streetlight (Fixture) Unit Price in Words: ______________________________________ Total cost of Project Implementation in Figures: $ _______________________________ Total cost of Project Implementation in Words: _________________________________ Phase 4 System Maintenance First Year Price in Figures: $ ________________________________________________ First Year Price in Words: __________________________________________________ Basis of Future System Maintenance Cost: ____________________________________ The proposer agrees the Work will be substantially completed and ready for final payment within 270 calendar days of the Notice to Proceed.